Bill Text: IA SF2049 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to trainings, examinations, surveys, and screenings provided by governmental agencies and entities, school districts, charter schools, innovation zone schools, and public postsecondary educational institutions, including racism or sexism trainings, diversity and inclusion efforts, physical examinations, student health screenings, and surveys administered to students or related to students, and including civil penalties.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2024-01-23 - Subcommittee: Kraayenbrink, Quirmbach, and Rozenboom. S.J. 138. [SF2049 Detail]
Download: Iowa-2023-SF2049-Introduced.html
Senate
File
2049
-
Introduced
SENATE
FILE
2049
BY
SALMON
A
BILL
FOR
An
Act
relating
to
trainings,
examinations,
surveys,
and
1
screenings
provided
by
governmental
agencies
and
entities,
2
school
districts,
charter
schools,
innovation
zone
schools,
3
and
public
postsecondary
educational
institutions,
including
4
racism
or
sexism
trainings,
diversity
and
inclusion
efforts,
5
physical
examinations,
student
health
screenings,
and
6
surveys
administered
to
students
or
related
to
students,
and
7
including
civil
penalties.
8
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
9
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Section
1.
Section
25A.1,
subsection
1,
paragraphs
d
and
e,
1
Code
2024,
are
amended
by
striking
the
paragraphs.
2
Sec.
2.
Section
25A.1,
subsection
2,
Code
2024,
is
amended
3
to
read
as
follows:
4
2.
Each
agency,
governmental
entity,
or
governmental
5
subdivision
may
continue
training
that
fosters
a
workplace
6
and
learning
environment
that
is
respectful
of
all
employees.
7
However,
the
head
of
an
agency,
governmental
entity,
or
8
governmental
subdivision
shall
ensure
that
any
mandatory
staff
9
training
and
associated
materials
provided
by
an
employee
of
an
10
agency,
governmental
entity,
or
governmental
subdivision,
or
11
by
a
contractor
hired
by
the
agency,
governmental
entity,
or
12
governmental
subdivision
does
not
teach,
advocate,
encourage,
13
promote,
or
act
upon
stereotyping,
scapegoating,
specific
14
defined
concepts
or
prejudice
toward
others
on
the
basis
of
15
demographic
group
membership
or
identity.
This
subsection
16
shall
not
be
construed
as
preventing
an
employee
or
contractor
17
who
provides
mandatory
training
from
responding
to
questions
18
regarding
stereotyping,
scapegoating,
specific
defined
concepts
19
or
prejudice
raised
by
participants
in
the
training.
20
Sec.
3.
Section
25A.1,
Code
2024,
is
amended
by
adding
the
21
following
new
subsection:
22
NEW
SUBSECTION
.
2A.
a.
An
employee
of
an
agency,
23
governmental
entity,
or
governmental
subdivision
alleging
a
24
violation
of
subsection
2
by
an
employee
or
contractor
of
the
25
agency,
governmental
entity,
or
governmental
subdivision
may
26
bring
a
civil
action
for
injunctive
relief
against
the
agency,
27
governmental
entity,
or
governmental
subdivision
to
prohibit
28
the
employee
or
contractor
from
continuing
such
violation.
29
b.
If
an
employee
is
the
prevailing
party
in
a
civil
action
30
instituted
pursuant
to
paragraph
“a”
,
the
court
shall
award
31
reasonable
court
costs
and
attorney
fees
to
the
employee.
32
Sec.
4.
Section
25A.1,
subsection
4,
paragraph
b,
Code
2024,
33
is
amended
to
read
as
follows:
34
b.
Create
Except
as
provided
in
subsection
2A,
create
any
35
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right
or
benefit,
substantive
or
procedural,
enforceable
at
1
law
or
in
equity
by
any
party
against
the
state
of
Iowa,
its
2
departments,
agencies,
or
entities,
its
officers,
employees,
3
or
agents,
or
any
other
person.
4
Sec.
5.
Section
256.146,
subsection
13,
paragraph
b,
Code
5
2024,
is
amended
by
adding
the
following
new
subparagraphs:
6
NEW
SUBPARAGRAPH
.
(5)
A
court
finds
that
the
person
has
7
violated
section
279.74,
subsection
2.
8
NEW
SUBPARAGRAPH
.
(6)
A
court
finds
that
the
person
has
9
violated
section
279.76,
subsection
1.
10
NEW
SUBPARAGRAPH
.
(7)
A
court
finds
that
the
person
has
11
violated
section
279.79,
subsection
1
or
2.
12
Sec.
6.
Section
261H.8,
subsection
2,
Code
2024,
is
amended
13
to
read
as
follows:
14
2.
Each
public
institution
of
higher
education
may
continue
15
training
that
fosters
a
workplace
and
learning
environment
that
16
is
respectful
of
all
employees
and
students.
However,
the
17
president,
vice
presidents,
deans,
department
directors,
or
any
18
other
administrator
of
a
public
institution
of
higher
education
19
shall
ensure
that
any
mandatory
staff
or
student
training
and
20
associated
materials
provided
by
an
employee
of
the
institution
21
or
by
a
contractor
hired
by
the
institution
does
not
teach,
22
advocate,
act
upon,
or
promote
specific
defined
concepts.
This
23
subsection
shall
not
be
construed
as
preventing
an
employee
24
or
contractor
who
provides
mandatory
training
from
responding
25
to
questions
regarding
specific
defined
concepts
raised
by
26
participants
in
the
training.
27
Sec.
7.
Section
261H.8,
Code
2024,
is
amended
by
adding
the
28
following
new
subsection:
29
NEW
SUBSECTION
.
2A.
a.
An
employee
or
student
of
a
30
public
institution
of
higher
education
alleging
a
violation
31
of
subsection
2
by
an
employee
or
contractor
of
the
public
32
institution
of
higher
education
may
bring
a
civil
action
33
for
injunctive
relief
against
the
public
institution
of
34
higher
education
to
prohibit
the
employee
or
contractor
from
35
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continuing
such
violation.
1
b.
If
an
employee
or
student
is
the
prevailing
party
in
a
2
civil
action
instituted
pursuant
to
paragraph
“a”
,
the
court
3
shall
award
reasonable
court
costs
and
attorney
fees
to
the
4
employee
or
student.
5
Sec.
8.
Section
261H.8,
subsection
4,
paragraph
d,
Code
6
2024,
is
amended
to
read
as
follows:
7
d.
Create
Except
as
provided
in
subsection
2A,
create
any
8
right
or
benefit,
substantive
or
procedural,
enforceable
at
9
law
or
in
equity
by
any
party
against
the
state
of
Iowa,
its
10
departments,
agencies,
or
entities,
its
officers,
employees,
11
or
agents,
or
any
other
person.
12
Sec.
9.
Section
279.74,
Code
2024,
is
amended
to
read
as
13
follows:
14
279.74
Training
and
curriculum
prohibited
——
specific
defined
15
concepts.
16
1.
For
purposes
of
this
section
,
unless
the
context
17
otherwise
requires:
18
a.
“Race
or
sex
scapegoating”
“Administrator”
means
the
same
19
as
defined
in
section
261H.8
256.145
.
20
b.
“Race
or
sex
stereotyping”
means
the
same
as
defined
in
21
section
261H.8
.
22
c.
b.
“Specific
defined
concepts”
means
the
same
as
defined
23
in
section
261H.8
.
24
c.
“Teacher”
means
the
same
as
defined
in
section
256.145.
25
2.
a.
Each
school
district
may
continue
training
that
26
fosters
a
workplace
and
learning
environment
that
is
respectful
27
of
all
employees
and
students.
However,
the
superintendent
28
of
each
school
district
shall
ensure
that
any
curriculum
or
29
mandatory
staff
or
student
training
provided
by
an
employee
30
of
the
school
district
or
by
a
contractor
hired
by
the
school
31
district
does
not
teach,
advocate,
encourage,
promote,
or
act
32
upon
specific
stereotyping
and
scapegoating
toward
others
33
on
the
basis
of
demographic
group
membership
or
identity
34
contractors
hired
by
the
school
district
and
teachers
or
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administrators
employed
by
the
school
district
shall
not
1
provide
any
curriculum
or
mandatory
staff
or
student
training,
2
or
associated
materials,
that
teaches,
advocates,
encourages,
3
promotes,
or
acts
upon
specific
defined
concepts
.
This
4
subsection
shall
not
be
construed
as
preventing
an
employee
5
or
contractor
a
contractor,
teacher,
or
administrator
who
6
teaches
any
curriculum
or
who
provides
mandatory
training
from
7
responding
to
questions
regarding
specific
defined
concepts
8
raised
by
participants
in
the
training.
9
b.
An
administrator
employed
by
a
school
district
shall
10
not
knowingly
allow
a
contractor
hired
by
the
school
district
11
or
a
teacher
employed
by
the
school
district
to
provide
12
any
curriculum
or
mandatory
staff
or
student
training,
or
13
associated
materials,
that
teaches,
advocates,
encourages,
14
promotes,
or
acts
upon
specific
defined
concepts.
15
3.
a.
A
parent
or
guardian
of
a
student
enrolled
in
the
16
school
district
who
alleges
a
violation
of
subsection
2
by
17
a
contractor,
teacher,
or
administrator
may
bring
a
civil
18
action
for
injunctive
relief
against
the
school
district
that
19
hired
the
contractor
or
employs
the
teacher
or
administrator
20
to
prohibit
the
contractor,
teacher,
or
administrator
from
21
continuing
such
violation.
22
b.
If
a
parent
or
guardian
is
the
prevailing
party
in
a
23
civil
action
instituted
pursuant
to
paragraph
“a”
,
all
of
the
24
following
shall
apply:
25
(1)
The
court
shall
award
reasonable
court
costs
and
26
attorney
fees
to
the
parent
or
guardian.
27
(2)
The
court
shall
assess
a
civil
penalty
against
the
28
school
district
that
hired
the
contractor
or
employs
the
29
teacher
or
administrator,
in
an
amount
not
less
than
fifty
30
thousand
dollars.
Moneys
from
the
civil
penalty
provided
in
31
this
subparagraph
shall
be
remitted
to
the
treasurer
of
state
32
for
deposit
in
the
general
fund
of
the
state.
33
(3)
The
clerk
of
court
shall
send
a
copy
of
the
court’s
34
order
issued
pursuant
to
this
subsection
to
the
board
of
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educational
examiners.
1
3.
4.
School
district
diversity
and
inclusion
efforts
shall
2
discourage
students
of
the
school
district
from
discriminating
3
against
another
by
political
ideology
or
any
characteristic
4
protected
under
the
federal
Civil
Rights
Act
of
1964,
Pub.
L.
5
No.
88-352,
as
amended,
and
applicable
state
law.
Each
school
6
district
shall
prohibit
its
employees
from
discriminating
7
against
students
or
employees
by
political
ideology
or
any
8
characteristic
protected
under
the
federal
Civil
Rights
Act
of
9
1964,
Pub.
L.
No.
88-352,
as
amended,
and
applicable
state
law.
10
4.
5.
This
section
shall
not
be
construed
to
do
any
of
the
11
following:
12
a.
Inhibit
or
violate
the
first
amendment
rights
of
students
13
or
faculty,
or
undermine
a
school
district’s
duty
to
protect
to
14
the
fullest
degree
intellectual
freedom
and
free
expression.
15
The
intellectual
vitality
of
students
and
faculty
shall
not
be
16
infringed
under
this
section
.
17
b.
Prevent
a
school
district
from
promoting
racial,
18
cultural,
ethnic,
intellectual,
or
academic
diversity
or
19
inclusiveness,
provided
such
efforts
are
consistent
with
the
20
provisions
of
this
section
,
chapter
216
,
and
other
applicable
21
law.
22
c.
Prohibit
discussing
specific
defined
concepts
as
part
of
23
a
larger
course
of
academic
instruction.
24
d.
Create
Except
as
provided
in
subsection
3,
create
any
25
right
or
benefit,
substantive
or
procedural,
enforceable
at
26
law
or
in
equity
by
any
party
against
the
state
of
Iowa,
its
27
departments,
agencies,
or
entities,
its
officers,
employees,
28
or
agents,
or
any
other
person.
29
e.
Prohibit
a
state
or
federal
court
or
agency
of
competent
30
jurisdiction
from
ordering
a
training
or
remedial
action
31
containing
discussions
of
specific
defined
concepts
as
a
32
remedial
action
due
to
a
finding
of
discrimination,
including
33
discrimination
based
on
race
or
sex.
34
f.
Prohibit
the
use
of
curriculum
that
teaches
the
topics
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of
sexism,
slavery,
racial
oppression,
racial
segregation,
1
or
racial
discrimination,
including
topics
relating
to
the
2
enactment
and
enforcement
of
laws
resulting
in
sexism,
racial
3
oppression,
segregation,
and
discrimination.
4
Sec.
10.
Section
279.76,
Code
2024,
is
amended
by
adding
the
5
following
new
subsection:
6
NEW
SUBSECTION
.
2A.
a.
A
parent
or
guardian
of
a
student
7
enrolled
in
the
school
district
who
alleges
a
violation
8
of
subsection
1
by
an
employee
of
the
school
district
or
a
9
contractor
engaged
by
the
school
district
may
bring
a
civil
10
action
for
injunctive
relief
against
the
school
district
to
11
prohibit
the
employee
or
contractor
from
continuing
such
12
violation.
13
b.
If
a
parent
or
guardian
is
the
prevailing
party
in
a
14
civil
action
instituted
pursuant
to
paragraph
“a”
,
all
of
the
15
following
shall
apply:
16
(1)
The
court
shall
award
reasonable
court
costs
and
17
attorney
fees
to
the
parent
or
guardian.
18
(2)
The
court
shall
assess
a
civil
penalty
against
the
19
school
district
in
an
amount
not
less
than
fifty
thousand
20
dollars.
Moneys
from
the
civil
penalty
provided
in
this
21
subparagraph
shall
be
remitted
to
the
treasurer
of
state
for
22
deposit
in
the
general
fund
of
the
state.
23
(3)
The
clerk
of
court
shall
send
a
copy
of
the
court’s
24
order
issued
pursuant
to
this
subsection
to
the
board
of
25
educational
examiners.
26
Sec.
11.
Section
279.79,
Code
2024,
is
amended
by
adding
the
27
following
new
subsection:
28
NEW
SUBSECTION
.
4.
a.
A
parent
or
guardian
of
a
student
29
enrolled
in
the
school
district
who
alleges
a
violation
of
30
subsection
1
or
2
by
an
employee
of
the
school
district
or
a
31
contractor
engaged
by
the
school
district
may
bring
a
civil
32
action
for
injunctive
relief
against
the
school
district
to
33
prohibit
the
employee
or
contractor
from
continuing
such
34
violation.
35
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b.
If
a
parent
or
guardian
is
the
prevailing
party
in
a
1
civil
action
instituted
pursuant
to
paragraph
“a”
,
all
of
the
2
following
shall
apply:
3
(1)
The
court
shall
award
reasonable
court
costs
and
4
attorney
fees
to
the
parent
or
guardian.
5
(2)
The
court
shall
assess
a
civil
penalty
against
the
6
school
district
in
an
amount
not
less
than
fifty
thousand
7
dollars.
Moneys
from
the
civil
penalty
provided
in
this
8
subparagraph
shall
be
remitted
to
the
treasurer
of
state
for
9
deposit
in
the
general
fund
of
the
state.
10
(3)
The
clerk
of
court
shall
send
a
copy
of
the
court’s
11
order
issued
pursuant
to
this
subsection
to
the
board
of
12
educational
examiners.
13
Sec.
12.
IMPLEMENTATION
OF
ACT.
Section
25B.2,
subsection
14
3,
shall
not
apply
to
this
Act.
15
EXPLANATION
16
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
17
the
explanation’s
substance
by
the
members
of
the
general
assembly.
18
This
bill
relates
to
trainings,
examinations,
surveys,
and
19
screenings
provided
by
governmental
agencies
and
entities,
20
school
districts,
charter
schools,
innovation
zone
schools,
21
and
public
postsecondary
educational
institutions,
including
22
racism
or
sexism
trainings,
diversity
and
inclusion
efforts,
23
physical
examinations,
student
health
screenings,
and
surveys
24
administered
to
students
or
related
to
students.
25
Current
Code
section
279.74
requires
the
superintendent
26
of
each
school
district
to
ensure
that
any
curriculum
or
27
mandatory
staff
or
student
training
provided
by
an
employee
28
of
the
school
district
or
by
a
contractor
hired
by
the
school
29
district
does
not
teach,
advocate,
encourage,
promote,
or
act
30
upon
specific
stereotyping
and
scapegoating
toward
others
on
31
the
basis
of
demographic
group
membership
or
identity.
The
32
bill
modifies
this
provision
to
prohibit
contractors,
teachers,
33
and
administrators
from
providing
any
curriculum,
or
mandatory
34
staff
or
student
training,
or
associated
materials,
that
35
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teaches,
advocates,
encourages,
promotes,
or
acts
upon
specific
1
defined
concepts.
The
bill
also
prohibits
administrators
2
from
knowingly
allowing
a
contractor
or
a
teacher
to
provide
3
any
curriculum
or
mandatory
staff
or
student
training,
or
4
associated
materials,
that
teaches,
advocates,
encourages,
5
promotes,
or
acts
upon
specific
defined
concepts.
The
bill
6
requires
the
board
of
educational
examiners
(BOEE)
to
adopt
7
rules
that
require
the
BOEE
to
disqualify
an
applicant
for
a
8
license
or
to
revoke
a
person’s
license
if
a
court
finds
that
a
9
person
violates
these
provisions.
10
The
bill
authorizes
a
parent
or
guardian
of
a
student
11
enrolled
in
a
school
district
who
alleges
a
violation
of
12
these
provisions
to
bring
a
civil
action
for
injunctive
13
relief
against
the
school
district
that
hired
the
contractor
14
or
employs
the
teacher
or
administrator
to
prohibit
the
15
contractor,
teacher,
or
administrator
from
continuing
such
16
violation.
The
bill
provides
that
if
the
parent
or
guardian
17
is
the
prevailing
party
in
such
civil
action,
the
court
shall
18
award
reasonable
court
costs
and
attorney
fees
to
the
parent
19
or
guardian,
the
court
shall
assess
a
civil
penalty
against
20
the
school
district
in
an
amount
not
less
than
$50,000,
and
21
the
clerk
of
court
shall
send
a
copy
of
the
court’s
order
to
22
the
BOEE.
The
bill
makes
conforming
changes
to
Code
section
23
279.74.
24
Current
Code
section
279.76
prohibits
school
districts,
25
charter
schools,
and
innovation
zone
schools
from
administering
26
or
conducting
an
invasive
physical
examination
of
a
student,
27
a
student
health
screening
that
is
not
required
by
state
or
28
federal
law,
or
a
formal
examination
or
survey
of
a
student
29
that
is
designed
to
assess
the
student’s
mental,
emotional,
or
30
physical
health
that
is
not
required
by
state
or
federal
law,
31
without
first
acquiring
the
written
consent
of
the
student’s
32
parent
or
guardian.
Current
Code
section
279.76
requires
33
school
districts,
charter
schools,
and
innovation
zone
schools
34
to
give
written
notice
to
a
student’s
parent
or
guardian
of
35
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an
examination
or
survey
of
the
student
required
by
state
or
1
federal
law
that
is
designed
to
assess
the
student’s
mental,
2
emotional,
or
physical
health
not
less
than
seven
days
prior
3
to
the
examination
or
survey.
The
bill
requires
the
BOEE
to
4
adopt
rules
that
require
the
BOEE
to
disqualify
an
applicant
5
for
a
license
or
to
revoke
a
person’s
license
if
a
court
finds
6
that
a
person
violated
these
provisions.
The
bill
authorizes
7
a
parent
or
guardian
of
a
student
enrolled
in
the
school
8
district,
charter
school,
or
innovation
zone
school
who
alleges
9
a
violation
of
these
provisions
by
an
employee
or
contractor
10
of
the
school
district,
charter
school,
or
innovation
zone
11
school
to
bring
a
civil
action
for
injunctive
relief
against
12
the
school
district,
charter
school,
or
innovation
zone
school
13
to
prohibit
the
employee
or
contractor
from
continuing
such
14
violation.
The
bill
provides
that
if
the
parent
or
guardian
15
is
the
prevailing
party
in
such
civil
action,
the
court
shall
16
award
reasonable
court
costs
and
attorney
fees
to
the
parent
or
17
guardian,
the
court
shall
assess
a
civil
penalty
against
the
18
school
district,
charter
school,
or
innovation
zone
school
in
19
an
amount
not
less
than
$50,000,
and
the
clerk
of
court
shall
20
send
a
copy
of
the
court’s
order
to
the
BOEE.
21
Current
Code
section
279.79
requires
school
districts,
22
charter
schools,
and
innovation
zone
schools
to
receive
the
23
prior
written
consent
of
a
student’s
parent
or
guardian
before
24
requiring
a
student
to
take
part
in
any
survey,
analysis,
25
activity,
or
evaluation
that
reveals
certain
specified
26
information
concerning
the
student
or
the
student’s
family.
27
Current
Code
section
279.79
prohibits
an
employee
or
contractor
28
of
a
school
district,
charter
school,
or
innovation
zone
school
29
from
answering
any
question
pertaining
to
any
particular
30
student
in
any
survey
related
to
the
social
or
emotional
31
abilities,
competencies,
or
characteristics
of
the
student,
32
unless
the
school
satisfies
certain
specified
requirements
33
related
to
providing
the
student’s
parent
or
guardian
with
34
information
and
receiving
written
consent
from
the
student’s
35
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parent
or
guardian.
The
bill
requires
the
BOEE
to
adopt
rules
1
that
require
the
BOEE
to
disqualify
an
applicant
for
a
license
2
or
to
revoke
a
person’s
license
if
a
court
finds
that
a
person
3
violated
these
provisions.
The
bill
authorizes
a
parent
or
4
guardian
of
a
student
enrolled
in
the
school
district,
charter
5
school,
or
innovation
zone
school
who
alleges
a
violation
of
6
these
provisions
by
an
employee
or
contractor
of
the
school
7
district,
charter
school,
or
innovation
zone
school
to
bring
a
8
civil
action
for
injunctive
relief
against
the
school
district,
9
charter
school,
or
innovation
zone
school
to
prohibit
the
10
employee
or
contractor
from
continuing
such
violation.
The
11
bill
provides
that
if
the
parent
or
guardian
is
the
prevailing
12
party
in
such
civil
action,
the
court
shall
award
reasonable
13
court
costs
and
attorney
fees
to
the
parent
or
guardian,
the
14
court
shall
assess
a
civil
penalty
against
the
school
district,
15
charter
school,
or
innovation
zone
school
in
an
amount
not
less
16
than
$50,000,
and
the
clerk
of
court
shall
send
a
copy
of
the
17
court’s
order
to
the
BOEE.
18
Current
Code
section
25A.1
requires
the
head
of
a
19
governmental
entity
to
ensure
that
any
mandatory
staff
training
20
provided
by
an
employee
of
a
governmental
entity,
or
by
a
21
contractor
hired
by
the
governmental
entity,
does
not
teach,
22
advocate,
encourage,
promote,
or
act
upon
stereotyping,
23
scapegoating,
or
prejudice
toward
others
on
the
basis
of
24
demographic
group
membership
or
identity.
The
bill
modifies
25
this
provision
to
require
the
head
of
a
governmental
entity
26
to
ensure
that
any
mandatory
staff
training
or
associated
27
materials
provided
by
an
employee
of
a
governmental
entity,
28
or
by
a
contractor
hired
by
the
governmental
entity,
does
not
29
teach,
advocate,
encourage,
promote,
or
act
upon
specific
30
defined
concepts
or
prejudice
toward
others
on
the
basis
of
31
demographic
group
membership
or
identity.
The
bill
authorizes
32
an
employee
of
a
governmental
entity
alleging
a
violation
33
of
Code
section
25A.1
by
an
employee
or
contractor
of
the
34
governmental
entity
to
bring
a
civil
action
for
injunctive
35
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relief
against
the
governmental
entity
to
prohibit
the
employee
1
or
contractor
from
continuing
such
violation.
The
bill
2
provides
that,
if
an
employee
is
the
prevailing
party
in
the
3
civil
action,
the
court
shall
award
the
employee
reasonable
4
court
costs
and
attorney
fees.
The
bill
makes
conforming
5
changes.
6
Current
Code
section
261H.8
requires
the
president,
7
vice
presidents,
deans,
department
directors,
or
any
other
8
administrator
of
a
public
institution
of
higher
education
to
9
ensure
that
any
mandatory
staff
or
student
training
provided
10
by
an
employee
of
the
institution
or
by
a
contractor
hired
by
11
the
institution
does
not
teach,
advocate,
act
upon,
or
promote
12
specific
defined
concepts.
The
bill
modifies
this
provision
13
to
also
require
such
individuals
to
ensure
that
any
materials
14
provided
in
association
with
the
mandatory
staff
or
student
15
training
do
not
teach,
advocate,
act
upon,
or
promote
specific
16
defined
concepts.
The
bill
authorizes
an
employee
or
student
17
of
an
institution
alleging
a
violation
of
Code
section
261H.8
18
by
an
employee
or
contractor
of
the
institution
to
bring
a
19
civil
action
for
injunctive
relief
against
the
institution
20
to
prohibit
the
employee
or
contractor
from
continuing
such
21
violation.
The
bill
provides
that,
if
an
employee
or
student
22
is
the
prevailing
party
in
the
civil
action,
the
court
shall
23
award
the
employee
or
student
reasonable
court
costs
and
24
attorney
fees.
25
The
bill
may
include
a
state
mandate
as
defined
in
Code
26
section
25B.3.
The
bill
makes
inapplicable
Code
section
25B.2,
27
subsection
3,
which
would
relieve
a
political
subdivision
from
28
complying
with
a
state
mandate
if
funding
for
the
cost
of
29
the
state
mandate
is
not
provided
or
specified.
Therefore,
30
political
subdivisions
are
required
to
comply
with
any
state
31
mandate
included
in
the
bill.
32
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